Supreme Court Says Trump Has Absolute Immunity Only for Fundamental Acts

The U.S. Supreme Court has ruled that former President Trump is partially immune from lawsuits. (Chip Somodevilla/Getty Images)

The U.S. Supreme Court, in a 6-3 decision, ruled that the former president enjoyed absolute immunity for his core constitutional powers and was entitled to a presumption of immunity for his official acts, but that he did not enjoy such immunity for his unofficial acts. But at the same time, the court remanded the case back to the trial judge to determine whether Trump's actions fell within the scope of his official duties and were therefore protected from prosecution.

This part of the court's decision likely ensures that the case against Trump will not go to trial until after the election, and then only if he is not reelected. If reelected, Trump could order the Justice Department to drop the charges against him, or he could seek a pardon in the two pending federal cases.

Chief Justice John Roberts wrote the court's decision, joined by his conservative colleagues. Three liberal justices, Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson, dissented.

Judge Tanya Chutkan’s decision to send the case back to court virtually guarantees that there will be no election interference trial against Trump for several months. Even before the immunity hearing, Judge Chutkan had indicated that preparations for the trial would likely take three months. She will now also have to decide which charges in Trump’s indictment should stand and which involve official acts that, under the Supreme Court’s decision, are immune from prosecution.

Even after Judge Chutkan separates the constitutional wheat from the chaff, Trump could seek further delays, since immunity issues are among the few that can be appealed before trial.

Monday’s Supreme Court decision came months after the court agreed to hear the case on Feb. 28 and scheduled oral arguments two months later. Critics of the court have noted that the justices could have considered the case as early as December, when Justice Department special counsel Jack Smith unsuccessfully tried to revisit the same questions Trump later raised.

All of this stands in stark contrast to how the court has handled other presidential power cases. In 1974, the justices ruled against President Nixon just 16 days after hearing oral arguments. The vote was 8-0, with Justice William Rehnquist recusing himself because of his close ties to some of the officials accused of wrongdoing in the case. And this year, the court took less than a month to rule unanimously that states could not exclude Trump from the ballot.

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